Man's guilty plea cements county's 1st 'texting' case

Tuesday

Jun 12, 2012 at 12:01 AMJun 12, 2012 at 11:33 AM

A man involved in a fatal crash that helped spur a state law banning texting while driving pleaded guilty yesterday in the death of a Pickerington teen who was taking driver's education. Daniel R. Jacobs' conviction for aggravated vehicular homicide while texting is the first in Franklin County, Prosecutor Ron O'Brien said.

Kathy Lynn Gray, The Columbus Dispatch

A man involved in a fatal crash that helped spur a state law banning texting while driving pleaded guilty yesterday in the death of a Pickerington teen who was taking driver’s education.

Daniel R. Jacobs’ conviction for aggravated vehicular homicide while texting is the first in Franklin County, Prosecutor Ron O’Brien said.

Jacobs, 58, of 8514 Landseer Dr., Reynoldsburg, was in the center lane of I-270 on July 1, 2010, when he swerved onto the berm near Rt. 33 on Columbus’ South Side.

His car struck a parked car. In the driver’s seat was Dalton Ludwig, 16, who died shortly after the crash. His driving instructor, Floyd Evans, suffered a concussion and other injuries.

After the hearing in Common Pleas Court, Evans said that Dalton was allergic to bees and had pulled over on I-270 to shoo a bee out of the car. The teen had just finished his sophomore year at Pickerington Central High School, where he played soccer.

Jacobs told Columbus police officers at the time of the crash that the sun was in his eyes when he swerved, but police found evidence of text messages on Jacobs’ cellphone, Assistant Prosecutor Daniel J. Cable said.

Brad Koffel, Jacobs’ attorney, said his client pleaded guilty because it was the right thing to do.

“The idea of not stepping forward and not accepting responsibility was not an option for him,” he said. “Hopefully, others will learn from this horrific tragedy.”

But asked after the hearing if he had a message for other drivers, Jacobs said he did not. “I’m not sending messages today,” he said. “I’m just trying to get through life.”

Jacobs kept his head down during the hearing. His voice was barely audible as he admitted his guilt. He will be sentenced on Aug. 9 by Judge Kimberly Cocroft.

Even the maximum sentence of five years in prison won’t ease the family’s loss, said Derek Ludwig, 27, one of Dalton’s older brothers. “ Whatever you impose isn’t enough,” he said. “He was the baby of the family.”

Dalton’s parents and an aunt and uncle also attended the hearing.

His parents were guests of Gov. John Kasich when he signed the state texting ban into law on June 1. The ban will take effect in 90 days, making Ohio the 39th state to outlaw texting while driving.

The law also won’t be enough, Derek Ludwig said yesterday.

“Kids are going to keep doing it,” Ludwig said. “People really do die from this, and it can be prevented.”

As for Jacobs: “He still hasn’t apologized,” Ludwig said. “True remorse, how hard is that?”

kgray@dispatch.com

@reporterkathy

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